Many delivery drivers are under a lot of pressure at work. They may make somewhat competitive wages, but that income requires that they accept the constant threat of a crash while on the clock. They also have very demanding schedules and performance standards.
Sometimes, delivery drivers are in such a rush to deliver their packages that they end up making major mistakes. They could hit a pedestrian, knock someone off of their bicycle or cause a crash with another vehicle. The roads are full of fleet vehicles for Amazon, FedEx and UPS, as well as other delivery companies.
Will an employer-business pay for the expenses that result if a delivery driver causes a preventable crash in Kentucky?
Companies often have some liability
In general, businesses that require their workers to drive as an element of their job have to carry commercial insurance. Their policies help reimburse anyone affected by crashes caused by their employees.
Even if insurance were not readily available, the delivery company that hired the driver could still be liable for the collision they caused. Vicarious liability is the legal concept that allows responsibility for certain scenarios to pass from one party to another.
Employers typically have vicarious liability for incidents caused by the misconduct or negligence of their employees. In other words, a delivery business could be responsible for the mistakes or oversights that a worker makes while on the job. Although it is sometimes possible to hold an individual delivery driver accountable for a crash if they did something overtly negligent or blatantly unsafe, most of the time businesses have better insurance coverage and more resources.
Particularly in cases where questionable employment practices or improper fleet vehicle maintenance contributed to a crash, the people affected could potentially hold the business accountable rather than taking action against the driver who is technically at fault for the incident. Many people recovering from a crash with a delivery vehicle have massive property damage losses and significant injuries that a blue-collar worker may be unable to fully cover.
Understanding who may be liable for a motor vehicle collision caused by a delivery vehicle can help people cover the losses such incidents generate. Those affected by an incident can potentially cover their losses by taking action against the business that hired a negligent delivery driver.
